American Presidency Exam 1 Study Questions

Explain the three presidential resources Roosevelt used to expand presidential power.

1. Roosevelt viewed the presidency as a platform from which to argue his case. He called it the "bully pulpit." "Bully" means "good," and a pulpit is a place to preach from. He felt the president should be assertive and proactive, not reactive. He tried to cultivate public opinion as a way to get the government to act. 2. The mass circulation of inexpensive newspapers gave Roosevelt an outlet to address the public. He gave members of the press access to the presidency that they never had before, but with a condition. If he was unhappy with what they wrote about him or if they quoted him without his permission, they lost their access. 3. Roosevelt was a showman, and this allowed him to get and keep the public's attention.

What are the components of Washington's enduring legacy for the presidency?

A president should be a leader who is seen as having exceptional character; a president should have a record of success; a president should be willing to use power; a president should not shy away from partisanship.

What did Madison argue was necessary in order to keep the branches of government from encroaching on each other? Give some examples of how Madison's solution was included in the Constitution.

A system of checks and balances: For example, the president can veto legislation, Congress can impeach the president, and the courts can find the actions of either the president or Congress unconstitutional.

Explain the consenting opinion in Youngstown Steel. What are the three types of situations in which a president might use prerogative power? How do they differ? What was the consequence for Truman in this case?

Authority is at maximum when the president acts pursuant to an express or implied authorization of Congress. Then, the president personifies federal sovereignty. Authority is uncertain when the president acts in the absence of a congressional grant of, or denial of, authority. This is known as the "zone of twilight," which is defined as a situation in which the president's ability to act is more likely due to congressional inertia, indifference, and so forth. Authority is weakest when the president acts contrary to the expressed or implied will of Congress. Then, the president has only constitutional powers proper. Conclusion: Because the steel seizure falls into the third category—Congress had made known its expressed will—this exercise of prerogative power was illegitimate. Result: When Congress has spoken, the president's prerogative power is limited; foreign policy power does not give him ultimate power over internal affairs.

Why did Polk develop the reputation of "Polk the Mendacious?" Compare and contrast the argument of political scientist Bruce Buchanan that this reputation was justified with the argument of political scientist Stephen Skowronek that it was not.

Bruce Buchanan argues that Polk achieved success by using manipulation and lies. He manipulated the members of his cabinet; he manipulated the country into war; and he manipulated the various constituencies that elected him, playing them off each other. In Buchanan's opinion, Polk may have had good reasons for all of these moves, but the consequence of his tactics was that many felt betrayed by him and Polk lost support. Polk worked behind the scenes and used the power of the office to accomplish his goals, but critics such as Buchanan wonder whether a president could achieve the same kind of results with better methods. Skowronek argues that Polk's biggest problem was trying to play a game he could not win. This was due, in part, to the fraying of the Democratic coalition and, in part, to Polk's inability to invoke Jackson's legacy while also establishing a separate identity and leaving his own mark on the presidency. To Skowronek, one of Polk's biggest errors was declaring that he would serve only one term. This made him a lame-duck president from the beginning.

What two decisions by the Supreme Court approved of the president's use of prerogative power and set worrisome precedents for civil liberties? Explain why they are worrisome.

Ex Parte Quirin (1942): In this case, the court upheld the president's use of secret military tribunals to try Germans captured in the United States and accused of espionage. In Ex Parte Milligan, the court found Milligan should have gotten a trial in a civilian court. The difference in this case from Milligan, according to the court, was that Milligan was not part of the enemy military, whereas the captured Germans were. The majority also elaborated that times had changed and that advanced technology made possible acts of sabotage potentially quite severe, thus necessitating the strongest possible measures on the part of government for the prevention of such acts. The decision set a precedent that has become relevant in recent years in the cases of detainees held under President George W. Bush's orders in connection with the "War on Terror." Korematsu v. United States (1944) dealt with the forced internment of persons of Japanese ancestry. The court upheld the president's order. In its majority opinion, the court asked the following question: Why do national security concerns trump inalienable civil rights? They rejected the notion that it was due to racial antagonism and argued that the real cause was "pressing public necessity." When reading the opinion, one should note the language used: "gravest imminent danger," "menace to the national defense and safety," "deemed necessary," and "military imperative." In other words, modern warfare posed threats that older technology did not, so presidential authority to ensure security needed to be greater. The dissenting opinion contained some important points. First, it demonstrated that ethnicity was important in the policy because Germans and Italians were not interred. Second, it acknowledged the power of the military in emergencies, but it expressed concern about the court's sanctioning of this action. The opinion also expressed concern about the precedent it set for possible future actions and the court's inability to resist that power if "irresponsible and unscrupulous hands" have it.

Why did Hamilton feel it was necessary to protect the president from Congress, and what devices were included in the Constitution to do so?

Hamilton felt Congress would naturally try to take away presidential power. The devices included in the Constitution to protect the president were the veto and the protection of presidential salary.

How did Jackson respond when he was censured by the Senate? What did he say about the place of the presidency in the political system?

He fought back. He articulated the view that the president was a direct representative of all the American people (implying that the Senate was not), and he argued that the Senate did not have the constitutional right to censure him. He also argued that if censures of the president became a regular practice, the practice would cause permanent damage to the presidency.

How did Roosevelt justify the use of prerogative power in domestic crises?

He said that he intended to work through the normal constitutional process, such as using special sessions of Congress and exercising the "normal balance of executive and legislative authority." He also said that "unprecedented demand and need for undelayed action may call for temporary departure." What he meant was that if Congress failed to solve the nation's problems, "I shall not evade the clear course of duty that will then confront me." He said he would ask Congress for "broad executive power to wage a war against the emergency." When he equated the economic crisis with war, his opinions sounded like Lincoln's own concerning prerogative power.

What flaws did Wilson feel were present in the original design of the American government? What did he try to do to correct those flaws?

He saw the separation of powers as hindering the ability of government to provide coordinated, well-led policy that was able to enact positive change. Wilson advocated amending the Constitution to bring the American system more in line with the British parliamentary system; Wilson rejected the distinction between "crisis politics" and "normal politics." He wanted deliberation to be major contests of principle. He wanted to go beyond bargaining and technicalities and to elevate debate to topics involving fundamental principles. He felt this would cause the public to be more interested in politics (as opposed to dry debates about things such as tariff rates). He also felt this would force politicians to make PUBLICITY of debate the HEART OF REPRESENTATION. Wilson rejected the notion of an independent executive structured to resist popular opinion. Instead, he saw the president as receiving his authority through a mandate from the people; Wilson felt it was the job of the president to be a LEADER-INTERPRETER. This meant the president must understand the true majority sentiment that lies underneath all the conflicting positions and issues, even if the majority is not aware of it. The leader must explain the people's true desires to them in a way that is easily comprehended, meaning he or she must educate the masses using simplified arguments.

What was the irony of Jefferson's presidency?

He worked to undo what he saw as excesses of presidential power under Washington and Adams, but in doing so, he introduced an enormous new informal power of the presidency—the president as the leader of his party in Congress.

How did the Supreme Court protect and expand presidential power in the foreign policy arena?

In U.S. v. Curtiss-Wright, the court found that foreign policy power is implicitly given to the president. In part, the court recognized the many precedents of presidential foreign-policy power throughout the nation's history, but the court's opinion went further, saying that the president is empowered to conduct foreign affairs in ways that Congress cannot and should not. In US v. Belmont, the court found that even though the executive agreements between the United States and the Soviet Union were not formal treaties, they were still binding agreements. This gave executive agreements constitutional authority and made it much easier for the president to negotiate agreements with other countries.

Explain the significance of the case In re Debs.

In this case, the Supreme Court ruled in favor of the president's use of prerogative power—calling out the military—in a domestic crisis. It set an important precedent for the idea that the president has power to use the military domestically, and this was a key factor in the World War II Japanese internment cases.

How did the Supreme Court view Lincoln's use of prerogative power?

It was a split decision. In three major cases, the court found in favor of Lincoln in one case and against him in two cases. The court supported his use of the military in an emergency situation in the Prize Cases but ruled against his suspension of individual civil liberties in Ex Parte Milligan and Ex Parte Merryman.

What is the Monroe Doctrine, and why was it important?

It was a statement made by Monroe warning European powers not to do any new colonizing in the western hemisphere. It was an expression of prerogative power because, in making this statement, Monroe made the first assertion of American power that lacked the authority of Congress. It was simply an assertion of power by the president, and it proved to be an effective assertion because it helped prevent further colonization of North and South America by European powers.

How did Jackson's use of the veto redefine the presidency?

Jackson was the first president to use the veto to block legislation he disagreed with for policy reasons. Previously, it was only used to void unconstitutional legislation. In using it the way he did, Jackson established the idea that the president is a representative of the people and has the right and responsibility to advocate a policy agenda.

Explain how Jefferson used prerogative power to justify the Louisiana Purchase.

Jefferson was troubled because the Constitution did not give the government the right to purchase land. Ultimately, Jefferson made the purchase and justified it by saying it was in the best interest of the nation to get European powers out of the United States' backyard. That is prerogative power—acting for the public good even though the power to act is not specifically given to the president.

How did the presidency of Andrew Johnson begin a long period of congressional dominance over the presidency?

Johnson was not as good a politician as Abraham Lincoln, and although he stood for the same ideas as Lincoln regarding reconstruction, he antagonized the members of Congress so much that they became a united force against him. Once they saw how thoroughly they could dominate a president, it set a pattern for future congressional dominance over presidents.

What did Lincoln do as president that was unconstitutional? How did he justify these actions?

Lincoln increased the size of the armed forces (without congressional authorization); spent funds that had not been appropriated by Congress; blockaded southern ports (making war without congressional declaration); proclaimed martial law; and suspended the writ of habeas corpus in selected places (habeas corpus requires the government to inform a prisoner of his or her charges). In taking these actions, Lincoln demonstrated the president's power to take action during a national emergency. With Congress in recess, Lincoln's actions were made without legislative authorization, and his opponents charged him with instituting a military dictatorship. Lincoln argued and convinced the citizens of the North that his actions were necessary in the name of saving the democracy created by the Constitution (even it if meant violating the Constitution to save it). Lincoln made a Lockeian argument in defense of his use of prerogative power. As president, he acted counter to the law, but he did so for the public good. He was willing, after the fact, to subject his decisions to the higher judgment of the people and Congress. How, in his opinion, did Lincoln subject his decisions to higher judgment? He called Congress into special session and received its ratification for his decisions; he presided over midterm elections in 1862 and stood for reelection in 1864; he said he was always subject to impeachment and removal, and he took the fact that those things never happened as approval for his actions.

Why is Lincoln's presidency the model for a crisis presidency?

No president before him faced as great a crisis to the future of the country as Lincoln, and he used prerogative power to address it. Both scholars and the public consistently rank Lincoln as our best president for his achievements in a time of crisis. He is seen as a good person who didn't show weakness under pressure.

What is prerogative power, and how have the courts and Congress dealt with it throughout our history?

Prerogative power is the power of the executive to act with discretion for the public good without sanction of law and potentially if the action is against the law. The courts have tended to be more accepting of the use of prerogative power during times of crisis. In general, Congress has failed to stand up to presidents' use of prerogative power and, as a consequence, has allowed presidents to greatly expand their power.

What are the four things that make Roosevelt a model for presidential leadership?

Skillful crisis management, effectiveness at building a relationship of trust with the American people, permanently changing the presidency by making it an activist part of government, establishing the idea that it is morally right and proper for government to protect the economic well-being of citizens.

How did Taft's and Roosevelt's views of presidential power differ?

Taft believed the president should be constrained to do only those things that are clearly authorized by the Constitution and Congress. Roosevelt believed that presidents have the right and responsibility to do anything they feel is necessary for the good of the people and are constrained only if they are specifically forbidden to do something by the Constitution.

How did the presidency expand during Roosevelt's presidency?

The Executive Reorganization Act of 1939 did much to reconstruct the executive branch. It increased the size and level of expertise of the president's staff. The act created the Executive Office of the President (EOP), which consolidated many executive agencies into a smaller, more manageable number of agencies directly under the authority of the president. The act created two agencies that are still important today, the Bureau of the Budget (BOB) (now the Office of Management and Budget) and the General Accounting Office (GAO) (now the Government Accountability Office). The GAO was established as a congressional agency to provide nonpartisan economic analysis. The Executive Reorganization Act of 1939 moved the BOB from the Treasury Department and put it into the EOP, which placed it more directly under the control of the president.

How did the Supreme Court limit presidential power in the domestic policy arena?

The court dealt with this issue in Humphrey's Executor v. United States (1935) and Schechter Poultry Corp. v. United States (1935). Both cases involved executive power. Humphrey was a Hoover-appointed member of the Federal Trade Commission (FTC). Roosevelt fired him because he did not agree with Humphrey's conservative politics. The court ruled that Roosevelt was not allowed to fire him because the agency was not a normal executive branch agency. Previous precedents gave Roosevelt the power to fire appointees, but in this case, the court concluded that the FTC was a regulatory body with a judicial-like function, and Roosevelt did not have the power to remove such officials. In the Schechter case, the court found that Section 3 of the National Industrial Recovery Act was unconstitutional because it gave the president the power to create regulations for wages and working conditions for different industries. In passing this law, the court found that Congress gave up too much of its authority to the president. The unanimous conclusion of the justices was that such legislation was damaging to the separation of powers.

According to Neustadt, the president's power comes from the ability to do what? What are the sources of that ability?

The president's power comes from the ability to bargain. The sources of that ability are bargaining advantages, the expectations of others that the president will use those advantages, estimates of how the public views the president, and how the public would view him/her if he/she does (or does not do) what it wants.

What is the presidential imperative?

The presidential imperative is to cultivate public support.

Explain how Roosevelt's foreign policy was an expression of his stewardship theory of the presidency.

The stewardship theory means it was the president's responsibility to act proactively in the nation's best interest. In foreign policy, Roosevelt acted proactively to promote the United States as a world power rather than merely reacting to world events as they occurred. He regularly acted without Congress, either because he met resistance from members of Congress or because Congress was not acting quickly enough to suit him. Roosevelt was particularly strong in leading American foreign policy in Latin America and Asia.

Briefly identify where to find the vesting clause, the powers, and the duties of the president, and explain what each means.

The vesting clause is in Section One of Article II, and it states that executive power in the new government belongs to the president. The powers of the president are found in Section Two, and they include military, bureaucratic, judicial, foreign policy, and appointments powers. The duties are found in Section Three, and they include setting the legislative agenda, receiving ambassadors (foreign policy), appointing officers (military and bureaucratic), and executing the laws (administration).

Why did the Articles of Confederation not have an executive branch, and why did people quickly begin to believe that an executive branch was necessary?

They did not include an executive branch because there was a fear of executive power. However, people quickly began to see that a government without an executive branch was a government that did not function well, so the framers of the Constitution argued it was necessary.

Why were the framers concerned with creating the best possible design for a government, and how is this concern obvious in Article II?

They were concerned with design because they wanted to create a government that could last. Their attention to design is obvious in Article II from the study of existing constitutions they conducted to make sure that they put together the best possible executive branch in the new constitution.

How did George Washington prove to the framers of the Constitution that he could be trusted as president, long before the Constitutional Convention ever took place?

Through his refusal to entertain the proposal of his military officers that he could become a military dictator, Washington was always on record as a supporter of democracy.

What was Truman's main foreign policy philosophy?

Truman believed in containment, which meant that communism should not be allowed to spread from one country to the next. Truman expressed his feelings about the importance of containment when he asked for economic and military aid for Turkey and Greece, in order to keep them from falling into communist hands. His ideas were supported by Congress, and they became collectively known as the Truman Doctrine.

What are the fundamental questions we ask about the presidency?

What is the presidency for? How do we assess presidential performance?

What was Wilson's character flaw, and how did it undermine his achievements as president?

Wilson had a strong sense of moral idealism, which greatly influenced his foreign policy. During World War I, Wilson tried to strike a moral tone for a new world order. Unfortunately for him, he proved to have an unyielding character that made him unwilling to negotiate. He demanded things be done his way. The result was the death of his beloved League of Nations. Wilson had a CHARACTER FLAW in his inability to compromise.

What are three criteria we can use to measure presidential performance?

effectiveness, democratic morality, political stability

What are the president's four main functions?

symbol, policy advocate, mediator, crisis manager